Fourth Amendment Pros And Cons Essay

Under the Sixth Amendment. The Sixth Amendment guarantees a criminal defendant the right to impartial jury. The jury will consider the evidence against the defendant and decide whether to find him or her guilty of the crime. Twelve jurors must agree in order to find a defendant guilty or not guilty. If the jury fails to reach a unanimous verdict and finds itself at a standstill, the judge may declare a mistrial.

First, let me discuss the five basic rights for the accused during trial. For the first right the chapter discussed the right to trial by jury. To elaborate, the right to trial by jury is only given in serious offenses. To classify a serious offense a person has to be sentenced to more than six months imprisonment.

As Damien Echols once said “In the US, from the time you’re old enough to speak you hear about how you’re innocent until proven guilty and you have all these rights. Part of me was still thinking that someone’s going to put an end to this, someone’s going to stop and do the right thing.” (Damien Echols) Everyone has the right to a fair trial, unfortunately that’s not always the case. In a community blinded by stereotypes three boys, from West Memphis, Arkansas, we’re wrongly accused for the gruesome murders of three eight-year-old boys.

Our founding fathers created the Bill Of Rights which are the first ten amendments to the Constitution of the United States. One of the most important amendments is the Fourth Amendment. It states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”(p. 11). What are our founding fathers were trying to do is keep our country from a police state, a state in which law enforcement could enter our homes without probable cause. This protection provides the citizens of the

The Constitution states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” ( US Constitution) As you can see, the Bill of Rights 6th Amendment allows the accused to understand the charges against them: the accused is told what he/ she is being accused of, who is accusing them, and is allowed to enter a plea of guilty or not guilty. Moreover, it allows for the movement of rightful convictions.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized". The 4th amendment was made based on the Founding Fathers experience with the Kings agents and the all purpose rit of assistances that they used abusively. Without the 4th amendment, we would be at the will of the police because they could come into our household, search anything and take whatever they want. "A reasonable expatiation of privacy" the 4th amendment secures the protection of the people

Regardless of what is fair and what is not, the defendant has rights during trial. One of those rights under the 5th Amendment is the right against self incrimination and according to Winegar, the 6th Amendment provides a defendant the ability to testify on one’s behalf (2013). However, lack of testimony from a defendant can cause an interference with the jury or cloud their judgement because they were not previewed to what the defendant has to say. According to Hall, the jury is instructed not to guess or assume guilt because the defendant does not put on a defense.

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.

In the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe. Out of the Ten Amendments, I believe that the First and Eighth Amendment are the most significant. The First Amendment grants us freedom of speech, religion, press, petition, and for people to assemble peaceably.

Chapter 4 of the book We the People talks about Civil Liberties, this chapter mainly talks about the Rights that were placed in the Constitution (not in the Bill of Rights), it also talks about the Bill of Rights and it describes the rights protected by the Bill of Rights. It also talks about specific rights that work close together with the Bill of Rights and Amendments rights. One of the first Amendments that is described in great detail is Freedom of Speech and Religion. The first Amendment protects US citizens right to talk about almost any topic in the United States. I said almost any topic because there are some forms of speech that aren’t protected by the First Amendment (these forms of speech can be limited or prohibited), some of the forms of speech that aren’t protected by the First Amendment are Fighting Words and Hate Speech, Student Speech, Libel and Slander speech.

The Bill of Rights is a document which states the rights the people have such as rights to bare arms, and trial by jury. The first ten amendments were deemed as the Bill of Rights. The first amendment was that people have freedom of speech, religion and

Police officers and government employees may not search a person’s property unless they have a warrant. Some pros about the fourth amendment are privacy of citizens, secure property from

The Third Amendment forbids the “quartering” of “soldiers” in private homes without the owner 's consent. it is the least Litigated amendment in the bill of rights. It is forbidden during “peace times”. The reason is mainly situated around the quartering act. The Quartering act was passed by the British Parliament this was leading to the american revolution.

Trials shouldn’t be done in secret way from public eyes because how can you call that fair. Libertyfirstfl.org states that the 6th amendment has multiple clauses within it. Speedy Trial Clause, Public Trial Clause, Right to a Jury Trial Clause, Confrontation Clause, Arraignment Clause, Compulsory Process Clause, and Right to Counsel Clause. Right to jury is crucial to having a fair and just trial. It picks random citizens to sit in a trial, they don’t choose people that might know the defendant.

The question on whether the 2nd Amendment in the U.S. should be changed or not has become a widely discussed and argued topic as of recent, due to recurring incidents of shootings occurring on U.S. soil by its own inhabitants. While many would be in support of the right to bear arms, including myself, I do believe that the current gun laws need to be made more restrictive than they are in their current state, for the sake of the country and the safety of its people. I’m well aware that I am not a U.S. citizen and that I have no say in what decisions are made there regarding the country’s constitution, but I feel that what I have to say is shared by many of America’s people and that it’s not only Americans that are affected by guns but also those who are visiting the country from abroad. There are many problems regarding America’s very unrestrictive gun laws at present, whether it’s the fact that there is no federal minimum age for possession of a long gun, or the fact that individuals don’t